Amends the Immigration and Naturalization Act to declare that a person who is of Kickapoo descent, a member of either of the Tribes, was born outside of, but permanently resides in the United States, and is not otherwise a citizen or national of the United States, may apply to the Attorney General for a United States certificate of citizenship. Authorizes the Attorney General to issue a certificate of citizenship to such individuals.
Amends the Texas Band of Kickapoo Act to direct the Secretary of the Interior to allow the Kickapoo Tribe of Oklahoma to relinquish its claim to beneficial title to the Kickapoo Reservation in Maverick County, Texas. Requires the Secretary, at the request of the Tribe, to accept such land as replacement land and take that land into trust for the benefit of the Kickapoo Tribe if there are no adverse legal claims on the land.
Extends the eligibility of individuals for Federal Indian programs and services from the Texas Band of Kickapoo Indians to both Kickapoo Tribes.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5639 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5639
To clarify the rights of United States citizenship and eligibility for
Federal benefits for all enrolled members of the Kickapoo Tribe of
Oklahoma and the Kickapoo Traditional Tribe of Texas, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 10, 2002
Mr. Watkins of Oklahoma introduced the following bill; which was
referred to the Committee on Resources, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To clarify the rights of United States citizenship and eligibility for
Federal benefits for all enrolled members of the Kickapoo Tribe of
Oklahoma and the Kickapoo Traditional Tribe of Texas, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Texas Band of Kickapoo Act
Amendments''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Texas Band of Kickapoo is a subgroup of the
Kickapoo Tribe of Oklahoma whose ancestors were forced to
migrate from their ancestral lands in the Midwestern United
States to lands now within the boundaries of Mexico and the
States of Oklahoma and Texas.
(2) The migratory nature of the Kickapoos, which required
their frequent travel between Oklahoma, Texas, and Mexico,
resulted in lack of clarity in their rights of citizenship and
their eligibility for Federal services which could be provided
only to Kickapoos when they were on or near the reservation of
the Kickapoo Tribe of Oklahoma in McLoud, Oklahoma.
(3) Although members of the Texas Band of Kickapoo lived
primarily in Texas under conditions posing serious threats to
their health, they owned no land in Texas and, therefore, were
unable to obtain Federal services which the United States
provides to other Indians who are members of federally
recognized Indian tribes because of their status as Indians.
(4) In 1983, the Texas Band of Kickapoo Act (25 U.S.C.
1300b-11 et seq.) was enacted to confirm the United States
citizenship of Kickapoos residing in Texas and their
eligibility for Federal services.
(5) Although many Kickapoos meet the requirements for
United States citizenship, some lack written records to prove
that they do and have not been made aware that their right to
apply for collective citizenship under the Texas Band of
Kickapoo Act has expired. Amendment of the Immigration and
Nationality Act is necessary to establish modified
naturalization procedures to address the Kickapoos' eligibility
for citizenship.
(6) The Kickapoo Tribe of Oklahoma acquired land in
Maverick County, Texas, in order to provide for the delivery of
Federal services to its tribal members in Texas, known as the
Texas Band or subgroup of the Kickapoo Tribe of Oklahoma, and
in turn, in 1986 such land was acquired in trust by the United
States by trust deed ``for the benefit of the Texas Band of
Kickapoo, a subgroup of the Kickapoo Tribe of Oklahoma''.
(7) In 1989, some members of the Texas Band chose to form a
separate governmental entity now known as the Kickapoo
Traditional Tribe of Texas, while the remaining Texas Kickapoos
continue to be a subgroup of and have membership in the
Kickapoo Tribe of Oklahoma.
(8) Since the early 1990s, disputes have arisen over
whether beneficial ownership of the trust land in Maverick
County, Texas, resides with the Kickapoo Tribe of Oklahoma or
with the Kickapoo Traditional Tribe of Texas. For some tribal
members, lack of clarity regarding ownership of the trust
property has resulted in eviction from their homes and
inability to receive services, contrary to the intent and goals
of the Texas Band of Kickapoo Act.
(9) Both tribes require a land base in Texas to be able to
provide services and housing for their respective tribal
members. Only the Congress can clarify the beneficial ownership
of Kickapoo reservation lands to ensure that both tribes have
an appropriate land base in Maverick County, Texas.
(10) The respective members of the Kickapoo Tribe of
Oklahoma and the Kickapoo Traditional Tribe of Texas deserve to
have their United States citizenship confirmed and their
ability to cross the borders of the United States clarified,
and to receive all of the Federal services which the United
States provides to Indians because of their status as Indians.
(11) Beneficial title to land already held in trust by the
United States pursuant to authority granted in the Texas Band
of Kickapoo Act should be transferred from the Kickapoo Tribe
of Oklahoma to the Kickapoo Traditional Tribe of Texas, and
replacement land in the State of Texas should be accepted into
trust by the United States to provide a home for those Texas
Kickapoos who continue to be members of the Kickapoo Tribe of
Oklahoma.
SEC. 3. DEFINITIONS.
Section 3 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-12) is
amended to read as follow:
``SEC. 3. DEFINITIONS.
``For the purposes of this Act, the following definitions apply:
``(1) Texas band.--The term `Texas Band' means the Texas
Band of Kickapoo Indians, all members of which were part of the
Kickapoo Tribe of Oklahoma as it existed prior to 1989 when a
portion of the Band obtained Federal recognition as a
governmental tribal entity separate from the Kickapoo Tribe of
Oklahoma.
``(2) Kickapoo tribe of oklahoma.--The term `Kickapoo Tribe
of Oklahoma' means the Kickapoo Tribe recognized by the United
States pursuant to the Treaty with the Kickapoo on December 9,
1809 (7 Stat. 117), and reorganized in 1938 as the Kickapoo
Tribe of Oklahoma pursuant to the Oklahoma Indian Welfare Act.
``(3) Kickapoo traditional tribe of texas.--The term
`Kickapoo Traditional Tribe of Texas' means the Kickapoo Tribe
administratively recognized in 1989 pursuant to Federal
authorities granted in the Texas Band of Kickapoo Act.
``(4) Kickapoo tribes.--The term `Kickapoo Tribes' means
the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional
Tribe of Texas.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY.
(a) Updating Membership Rolls; Compilation of Citizenship
Eligibility Lists.--Section 4 of the Texas Band of Kickapoo Act (25
U.S.C. 1300b-13) is amended to read as follows:
``SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY.
``(a) Updating Membership Rolls; Compilation of Citizenship
Eligibility Lists.--In consultation with the Secretary, the Kickapoo
Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas each
shall update the membership roll of such tribe's tribal members and
shall compile a list of its tribal members who reside permanently in
the United States but were not born in the United States and are not
otherwise a citizen or national of the United States. When such
membership roll is updated, and such citizenship eligibility list is
compiled, the Secretary shall promptly publish notice in the Federal
Register announcing the completion of the citizenship eligibility list
and shall provide a copy of such list to the Attorney General for use
in approving applications for certificates of citizenship pursuant to
section 341(c) of the Immigration and Nationality Act (8 U.S.C.
1452(c)).
``(b) Border Crossing Rights.--Notwithstanding the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) or any other law, any
individual who was entitled to enter the United States under this
section, as in effect on the day before the date of the enactment of
the Texas Band of Kickapoo Act Amendments, shall continue to have such
right until the earlier of--
``(1) the date on which a final determination is made on an
application timely filed by the individual pursuant to section
341(c) of the Immigration and Nationality Act (8 U.S.C.
1452(c)); or
``(2) the end of the final 2-year application period
described in paragraph (3) of such section 341(c).''.
(b) Citizenship.--Section 341 of the Immigration and Nationality
Act (8 U.S.C. 1452) is amended by adding at the end the following:
``(c)(1) An individual who is described in paragraph (2) and
satisfies the requirements of paragraphs (3) and (4) may be issued a
certificate of citizenship. Upon proof to the satisfaction of the
Attorney General that the individual is so eligible, and upon taking
and subscribing before a member of the Service within the United States
to the oath of allegiance required by this Act of an applicant for
naturalization, such individual shall be furnished by the Attorney
General with a certificate of citizenship.
``(2) An individual is described in this paragraph if the name of
the individual appears on a citizenship eligibility list provided to
the Attorney General pursuant to section 4 of the Texas Band of
Kickapoo Act (25 U.S.C. 1300b-13) because such individual--
``(A) is of Kickapoo descent;
``(B) is a member of--
``(i) the Kickapoo Tribe of Oklahoma (as defined in
section 3 of the Texas Band of Kickapoo Act (25 U.S.C.
1300b-12)); or
``(ii) the Kickapoo Traditional Tribe of Texas (as
so defined);
``(C) was born outside the United States and its outlying
possessions;
``(D) resides permanently in the United States; and
``(E) is not otherwise a citizen or national of the United
States.
``(3) An individual described in paragraph (2) may apply to the
Attorney General for a certificate of citizenship under this subsection
only during a 2-year period commencing on the date following
publication, pursuant to section 4 of the Texas Band of Kickapoo Act
(25 U.S.C. 1300b-13), of the notice of completion of a citizenship
eligibility list on which the name of the applicant appears.
``(4) The Attorney General may not grant an application for a
certificate of citizenship under this subsection unless the applicant
is, and has been during the 5-year period immediately preceding the
filing of the application, a person of good moral character.''.
SEC. 5. LAND ACQUISITION.
Section 5 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-14) is
amended to read as follows:
``SEC. 5. LAND ACQUISITION.
``(a) Applicability of the Indian Reorganization Act.--The
Secretary is authorized to exercise authority under section 5 of the
Act of June 18, 1934 (25 U.S.C. 465; popularly known as the Indian
Reorganization Act), for the Kickapoo Tribe of Oklahoma and the
Kickapoo Traditional Tribe of Texas with respect to lands in Maverick
County, Texas, only.
``(b) Relinquishment of Trust Title.--
``(1) In general.--The Secretary is hereby directed to
allow the Kickapoo Tribe of Oklahoma, upon its request, to
relinquish its claim to beneficial title to the land described
in paragraph (2) of this subsection in exchange for the
replacement land described in subsection (c).
``(2) Land description.--Lands referred to in paragraph (1)
are those lands known as the Kickapoo Reservation, legal title
to which is held in trust by the United States, and described
as being all that certain lot, tract, or parcel of land lying
and being situated in the County of Maverick, State of Texas.
Such lands are more particularly described as follows: Being
125.43 acres lying and situated in said Maverick County, Texas,
and being 42.07 acres out of survey 20, Abstract 723 and 83.36
acres out of Survey 21, Abstract 811; said acreage being the
same land conveyed from the Veteran's Land Board of Texas to
Arthur Meixner as said conveyance is recorded in volume 51,
page 288 of the Maverick County Deed Records, as more
particularly described in that certain deed recorded in Book
238, pages 324-326 of the Maverick County Deed Records.
``(c) Trust Status for Replacement Lands.--
``(1) In general.--No later than 60 days after the
relinquishment of trust title as provided in subsection (b),
the Secretary shall accept all right, title, and interest of
the Kickapoo Tribe of Oklahoma in and to the land described in
paragraph (2) as replacement land and take that land into trust
for the benefit of the Kickapoo Tribe of Oklahoma if--
``(A) the Kickapoo Tribe of Oklahoma so requests;
``(B) there are no adverse legal claims on such
property, including outstanding liens, mortgages, or
taxes owed; and
``(C) the land described in subsection (b)(2) is no
longer held in trust by the United States for the
benefit of the Kickapoo Tribe of Oklahoma.
``(2) Land description.--Lands referred to in paragraph (1)
are described as follows:
``(A) The Surface estate only in and to the
following described property to wit: being all that
certain tract or parcel of land together with all
improvements thereon, and being 173.0 acre tract of
land, out of survey 56, abstract 778 and survey 57,
abstract 782, in Maverick County, Texas, and being a
part of 2,460.6607 acre tract recorded in vol. 425,
page 393, official public records of Maverick County,
Texas, as more particularly described in that certain
deed recorded in said Maverick County, Texas, as
Document Number 108772 in Book 663, page 243-244.
``(B) The Surface estate only in and to the
following described property to wit: being all that
certain tract or parcel of land together with all
improvements thereon, and being 200.0 acre tract of
land, out of survey 57, survey 58 and survey 13, in
Maverick County, Texas, and being a part of 2,460.6607
acre tract recorded in vol. 425, page 393, official
public records of Maverick County, Texas, as more
particularly described in that certain deed recorded in
said Maverick County, Texas, as Document Number 108910
in Book 664, page 335-339.''.
SEC. 6. JURISDICTION.
Section 6 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-15) is
amended by striking ``Band's trust lands'' and inserting ``lands held
in trust in Maverick County for the Kickapoo Tribe of Oklahoma and for
the Kickapoo Traditional Tribe of Texas,''.
SEC. 7. PROVISION OF FEDERAL INDIAN SERVICES.
Section 7 of the Texas Band of Kickapoo Act (25 U.S.C. 1300b-16) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Eligibility for Federal Indian Services.--Notwithstanding any
other provision of law authorizing the provision of special programs
and services by the United States to Indians because of their status as
Indians, the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional
Tribe of Texas, and their respective members who reside in Maverick
County, Texas, shall be eligible for such programs and services without
regard to the existence of a reservation, residence on or near a
reservation, or the compilation of the Membership Rolls pursuant to 25
U.S.C. 1300b-13(a).''; and
(2) in subsection (b)--
(A) by inserting after ``(b)'' the following:
``Consultation With Mexican Government.--''; and
(B) by striking ``the Band and its members'' and
inserting ``the Kickapoo Tribes and their respective
tribal members''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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